Page:UKSI1964 (Part 3- Section 1).pdf/1338

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S.I. 1964/1974
4479

9. Rule 7 of Order 27 shall be amended as follows:—

(1) In paragraph (3) for the words from "within 4 days" to " a notice of acceptance " there shall be substituted the words " within 7 days of the receipt by him of the notice of payment into court or, if the notice is received by him less than 7 days before the return day, before the hearing of the proceedings begins, give notice of acceptance to the registrar and to the garnishee".

(2) In paragraph (5) for the word " subsequently " there shall be substituted the words " at any subsequent time before the hearing of the proceedings begins".

10. In paragraph (1)(d) of Rule 5 of Order 37 for the words " before the judge " there shall be substituted the words " before himself or another judge of the court on a day to be fixed ".

11. In paragraph (2)(c) of Rule 1 of Order 39 for the words "any county court in the County of London "there shall be substituted the words "the Westminster County Court".

12. At the end of paragraph (2)(a) of Rule 20 of Order 40 there shall be added the words " and accordingly the notice in Form 26 which is served on the respondent pursuant to Order 6, Rule 4 (2)(c), shall contain a notice in Form 342 requiring him to file an answer as aforesaid ".

13. The following amendments shall be made in Order 46:—

(1) Rule 5 shall be amended as follows:—

(a) In the title for the words "The Licensing Act, 1963" there shall be substituted the words "Licensing Act 1964".

(b) For the words "section 17(5) of the Licensing Act, 1953" there shall be substituted the words " section 14 (5 ) of the Licensing Act 1964".

(c) For the marginal note "1 & 2 Eliz. 2, c. 46" there shall be substituted the marginal note "1964 c. 26".

(2) Rule 10 shall be amended as follows:—

(a) In the title of the Rule for the words "Act, 1938" there shall be substituted the words Acts 1938 to 1964".

(b) In paragraph (1) for the words "referred to as 'the Act'" there shall be substituted the words "referred to as 'the Act of 1938'".

(c) In paragraph (2) after the words "the Act" there shall be inserted the words "of 1938 " .

(d) In paragraph (3) after the words "the Act" there shall be inserted the words "of 1938".

(e) For paragraph ( 4) there shall be substituted the following paragraph:

"(4) In an action in which an order under section 12 (4) of the Act of 1938 1964 c. 53. has been made by the registrar, any application under section 13 of that Act or section 18 of the Hire Purchase Act 1964 (in this Rule referred to as "the Act of 1964 ") may be heard and determined by the registrar."

(f) The following paragraphs shall be added after paragraph (4):—

"(5) Where an application is made in pursuance of section 17(7) of the Act of 1964 for the issue of a warrant of delivery, the application shall be made on notice to be served personally